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(영문) 서울중앙지방법원 2017.07.20 2015가단197350
손해배상(자)
Text

1. The Defendant’s KRW 53,146,963 as well as 5% per annum from November 11, 2013 to July 20, 2017 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 06:30 on November 11, 2013, C, while driving a D taxi and driving it on the left-hand side of the E driver’s F-cab (hereinafter “Defendant cab”), in violation of the signal, at the level of 5 lanes in front of the bachelor’s degree distance in the salary grade in the front city of the original city, the three-lanes of the five-lanes of the five-lanes in front of the bachelor’s degree distance in the front city of the original city, and straightly met the part of the E driver’s F-cab (hereinafter “Defendant cab”) who was directly engaged in

(2) The Plaintiff, who was on board the back seat of Defendant taxi due to the instant accident, suffered injury, such as the so-called “the instant accident” under Article 14(2) of the former Act, such as the so-called “the so-called “the so-called instant accident,” the upper part of the lower part of the instant accident, and the 1st part of the instant accident.

(3) The Defendant is a mutual aid business entity that entered into a mutual aid agreement for Defendant taxi.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Gap 10 evidence or images (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the facts of recognition of liability, the accident in this case occurred while Defendant taxi drivers operated Defendant taxi, and thus, the Defendant is liable to compensate the Plaintiff for the damages suffered by the Plaintiff as a mutual aid business operator who entered into a mutual aid agreement with Defendant taxi with respect to Defendant taxi.

In this regard, the defendant asserts that the accident of this case occurred by one negligence of C driving a D taxi, so the defendant should be exempted from liability.

The purpose of Article 3 of the Guarantee of Automobile Accident Compensation Act is to compensate all passengers for damages without asking whether or not a passenger has been killed or injured due to his intentional act or suicide. Therefore, the purpose of Article 3 of the Guarantee of Automobile Accident Compensation Act is to impose strict liability on the passengers by obtaining at least abstract and indirect consent from the passengers in the same line.

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